Clovis man pleased with probation sentence

Published: Wednesday, November 15, 2000

JANET BRESENHAMMorris News Service

CLOVIS, N.M. The former finance director for the city of Clovis who pleaded guilty last year to failing to report problems with a 1996-1997 loss of $4 million in taxpayer funds will not be going to prison.

Terri Gene McCully, 41, said he was relieved when 9th Judicial District Judge Stephen Quinn ordered him placed on five years of supervised probation Tuesday, which will allow him to continue to live and work as an Internet advertising salesman in Arizona.

"I'm pleased with what's happened because I know there is a level of punishment that needs to be served and I'm willing to do that, but I'm glad I do not have to go to jail," McCully said after Tuesday morning's lengthy sentencing hearing.

"I'm still willing to cooperate and do everything I can to help the city recover those funds, whether it's a lost cause or not," McCully said.

Quinn started out by issuing a nine-year sentence for McCully but suspended the entire sentence.

Nine years would have been the basic sentence in New Mexico for McCully's convictions on six fourth-degree felony charges of tampering with public records, to which he pleaded guilty on July 13, 1999.

However, if prosecutors had argued for aggravating circumstances, McCully could have received a maximum sentence of 12 years in prison.

But District Attorney Randall Harris said he believed 12 years was too severe for McCully, who has no prior felony convictions and has cooperated extensively with city, state and federal law-enforcement investigators to try to recover the $4 million and make cases against the prime suspects in what turned out to be an international investment scam.

"It appears his motives were not for his own financial gain," Harris said. "What Mr. McCully did was breach the trust of the city. He falsified those public records. The longer this went on, the further the money got away and the harder it got for law enforcement to try to get it back."

During the hearing McCully apologized again to the citizens of Clovis and to his family and friends for what they endured because of his actions.

"I know I made a mistake and I acknowledge that mistake," McCully said. "I wish I could go back and redo it, but I can't. I'm just thankful to the people in this community for their love and prayers and support."

About two dozen of McCully's relatives, friends and members of his church showed up Tuesday to support him during the sentencing hearing.

In addition, McCully's attorney, Billy Blackburn of Albuquerque, gave the judge 63 letters of support for McCully written by a variety of area residents, including former Clovis Mayor James Moss and attorney, friend and fellow church member Ted Hartley.

But Clovis Police Chief Raymond Mondragon, who served as interim city manager after McCully was fired and former city manager Don Clifton was demoted to finance director, said McCully's actions resulted in a lot of turmoil in city government.

"Terri McCully is a friend of mine," Mondragon said. "We often played basketball during lunch. When this happened, I was shocked. It was a tragic thing for the city of Clovis. Here we have $4 million in public funds gone. I cannot forgive Mr. McCully for that."